ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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340 Ark.

Opinions delivered
March 30, 2000


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Arkansas Bankers Life Ins. Co. v. Tomerlin (Thornton, J.) 99-1489

Civil procedure -- Third-party complaint must be filed before issues resolved at trial; third-party complaint allowed to be filed after entry of judgment; ruling reversed. [HTML, WP5.1]

Coulter v. State (Per Curiam) CR00-281

Appeal & error -- Motion for belated appeal; good cause for granting. [HTML, WP5.1]

Martin v. State (Per Curiam) CR00-60

Motions -- To compel Department of Corrections to expand library time denied; to compel production of items denied. [HTML, WP5.1]

Simmons First Bank of Ark. v. Bob Callahan Servs., Inc. (Corbin, J.) 99-181

Materials & materialmen -- Priority of materialmen's lien under Ark. Code Ann. § 18-44-101 (Supp. 1999) not dependent upon improvement being removable; double appraisal & distribution of proceeds ordered; case reversed & remanded. [HTML, WP5.1]

State v. Singleton (Smith, J.) CR99-1172

Constitutional law -- Double jeopardy; appellant not afforded protection where supreme court reversed acceptance of guilty plea; court lacks authority to accept guilty plea over State's objections. [HTML, WP5.1]

Union Planters Nat'l Bank v. East Cent. Ark. Econ. Dev. Corp. (Thornton, J.) 99-573

Receivers -- Appointment; supreme court agreed with trial court's determination that receiver was needed; no abuse of discretion found. [HTML, WP5.1]

APPENDIX

CEREMONIAL OBSERVANCES

In Re: Retirement of The Honorable Thomas F. Butt (Per Curiam) [HTML, WP5.1]

RULES ADOPTED OR AMENDED BY PER CURIAM ORDERS

In Re: Qualifications & Standards of Practice for Attorneys Ad Litem (Per Curiam) [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Harris v. Norris, 99-754 (Per Curiam), Pro Se Motion to Add Page to Appellant's Brief; denied and appeal dismissed March 30, 2000. [HTML, WP5.1]

Munson v. Suphan, 00-94 (Per Curiam), Pro Se Motion to Proceed In Forma Pauperis; denied March 30, 2000. [HTML, WP5.1]

Williams v. State, CR 00-12 (Per Curiam), Pro Se Motion for Extension of Time to File Brief; denied and appeal dismissed March 30, 2000. [HTML, WP5.1]


ORIGINAL SYLLABUS

DONALD L. CORBIN, JUSTICE:

99-181. Simmons First Bank of Arkansas v. Bob Callahan Services, Inc., from Pulaski Chancery, Third Division. Reversed and Remanded on Appeal; Affirmed on Cross-Appeal. Glaze, J., not participating. (10 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

99-573. Union Planters National Bank v. East Central Arkansas Economic Development Corporation, from St. Francis Chancery. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

99-1489. Arkansas Bankers Life Insurance Company v. Randy Tomerlin, from Ashley Circuit. Reversed. (6 PAGES PUBLISHED) [HTML, WP5.1]

LAVENSKI R. SMITH, JUSTICE:

CR99-1172. State of Arkansas v. Antonio Singleton, from Pulaski Circuit. Reversed and Remanded. (7 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARING DENIED: Petition for rehearing was denied today in the following case.

99-467. Louis Etoch and Charles E. Halbert, Jr. v. Honorable L.T. Simes, II, Circuit Judge, from Monroe Circuit.

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REVIEW DENIED: Petition for review was denied today in the following case.

00-234. Marian Srebalus v. Rose Care, Inc., from Lafayette Circuit.

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CR00-144. Jimmy Easley et al. v. State of Arkansas, from Clark Circuit. Amended motion for rule on the clerk. Denied without prejudice.

CR00-281. Roger Lewis Coulter v. State of Arkansas, from Ashley Circuit. Motion for belated appeal and appointment of counsel is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

99-1489. Arkansas Bankers Life Insurance Company v. Randy Tomerlin, from Ashley Circuit. Appellee's motion for attorney's fees is denied.

00-96. Foundation Telecommunication, Inc. v. Moe Studio, Inc., from Benton Circuit. Appellee's motion to supplement the record is denied.

00-96. Foundation Telecommunication, Inc. v. Moe Studio, Inc., from Benton Circuit. Appellee's motion to file supplemental brief is denied.

CR99-802. Gerald Dean Fowler v. State of Arkansas, from Washington Circuit. Appellant's motion to recall mandate is denied.

CR99-1116. Ledell Lee v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to file enlarged brief. Granted 35 pages.

99-1518. Cozetta A. Ausler v. Arkansas Broadcasting Foundation, from Pulaski Circuit, Second Division. Second motion for rule on the clerk is denied.

00-118. David and Gloria Hooker v. Rain & Hail Insurance Services, Inc., from St. Francis Circuit. Appellants' motion for reconsideration is denied.

00-141. Arkansas Department of Human Services v. Honorable J. Michael Fitzhugh, Circuit Judge, from Sebastian Circuit, Fort Smith District. Petitioner's motion for reconsideration and clarification is denied. Thornton, J., not participating.

CA00-275. John E. Searcy III v. Emmett Davenport et al., from Van Buren Chancery. Motion to proceed in forma pauperis. Transferred to Court of Appeals.

CR00-12. Leroy Williams v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Pro se motion for extension of time to file brief. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-60. Lawrence Martin v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motions for access to transcript and for extension of time granted; motions to compel Department of Correction to expand library time, to supplement record, and for appointment of counsel denied. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

99-754. Paul Avery Harris v. Larry Norris, from Jefferson Circuit. Pro se motion to add page to appellant's brief. Motion denied and appeal dismissed. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

00-94. James Munson v. Charles Suphan, from Pulaski Circuit, Sixth Division. Pro se motion to proceed in forma pauperis. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR99-285. Belynda Faye Goff v. State of Arkansas, from Carroll Circuit, Eastern District. Appellant's motion to reschedule oral argument is granted.

00-355. Michael Robert O'Rourke v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Motion to expedite granted. Motion for stay of execution is granted. See Singleton v. Norris, 332 Ark. 196, 200, 946 S.W.2d 366 (1998).

In Re: Qualifications and Standards of Practice for Attorneys Ad Litem in Dependency-Neglect Cases, and Qualifications and Standards of Practice for Attorney Ad Litem Appointments in Chancery Court Cases and Guardianship Cases. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

In the Matter of the Retirement of The Honorable Thomas F. Butt, Chancellor and Probate Judge. See per curiam issued March 28, 2000. (1 PAGE PUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

99-28. Lake View School District No. 25 Of Phillips County, Arkansas et al. v. Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. (appellants)

99-28. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. (appellees)

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PETITIONS FOR REVIEW:

CR00-296. Holly Michelle Hixson v. State of Arkansas, from Washington Circuit.

00-286. David Copeland v. Baldwin & Shell Construction Company, from Workers' Compensation Commission.

00-308. Carolyn Vittitow v. Central Maloney, Inc., from Workers' Compensation Commission.

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CR99-49. Larry Paul Morgan v. State of Arkansas, from Drew Circuit. Appellee's motion for publication.

CR99-630. Larry Jones v. State of Arkansas, from Crittenden Circuit. Appellee's motion for clarification.

CR99-1079. Corey Dewberry v. State of Arkansas, from Miller Circuit. Appellee's motion to supplement the record.

CR00-53. Charles Randle Jones v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to file supplemental abstract.

99-28. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Appellant's motion for Rule 11 sanctions.

99-681. Tulsi K. Bharodia and Amratben T. Patel v. Norman and Linda Pledger, from Pulaski Chancery, Third Division. Appellants' motion for attorney's fees and costs.

99-681. Tulsi K. Bharodia and Amratben T. Patel v. Norman and Linda Pledger, from Pulaski Chancery, Third Division. Appellant's motion to include in mandate an order for trial court to determine reasonableness of appellants requested attorneys fees.

99-998. Beverly Enterprises-Arkansas, Inc. et al. v. Paul Hillier, from Crawford Circuit. Appellee's motion to dismiss.

99-1296. Regina Padgett Osburn et al. v. Department of Human Services et al., from Pulaski Chancery, Tenth Division. Appellees' joint motion to dismiss appeal.

99-1520. James L. Flowers v. Norman Oaks Construction Company, Inc. and Southern Guaranty Insurance Company, from Workers' Compensation Commission. Appellees' motion to file belated brief.

00-193. Randy Davis v. Old Dominion Freight Line, Inc. and St. Paul Fire & Marine Insurance Company, from Workers' Compensation Commission. Appellees' motion to file supplemental brief.

00-310. Michael D. Cooper v. Hiland Dairy, from Workers' Compensation Commission. Appellant's motion for an extension of time to respond to petition for review.

00-364. May Construction Company, Inc. v. Honorable Morris Thompson, Judge, from Pulaski Circuit, Fifth Division. Petitioner's motion for oral argument.

00-364. May Construction Company, Inc. v. Honorable Morris Thompson, Judge, from Pulaski Circuit, Fifth Division. Petition for writ of prohibition.

00-386. Darvin Reno and Lela Reno v. Honorable Chris Piazza, Judge, from Perry Circuit. Petition for writ of prohibition.

CA00-265. Paula Jenkins v. Arkansas Department of Human Services, from Craighead Chancery, Western District. Motion for rule on the clerk.

SUBMISSIONS

99-855. Allyson Hunt v. Bryan Hunt, from Washington Chancery. Argued orally.

CR99-1461. Jimmie Don Montague v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

99-974. Joseph Hashagen v. Tracy Hashagen Lord, from Pulaski Chancery, First Division.

99-998. Beverly Enterprises-Arkansas, Inc. et al. v. Paul Hillier, from Crawford Circuit.

99-1115. Jeanne B. Norris v. State Farm Fire & Casualty Company, from Pulaski Circuit, Sixth Division.

99-1405. Floyd G. Villines, III, Pulaski County Judge et al. v. Pulaski County Board of Education et al., from Pulaski Circuit, Sixth Division.